FIRST-TIER TRIBUNAL DECISIONS INVOLVING SECTIONS 35 OR 36

Caveats

1. The decisions listed were drawn from a list of FTT appeals involving sections 35 and 36 supplied by the Information Commissioner, although the

analysis has been conducted by the Secretariat to the Commission.

2. Cases are only considered in relation to either s.35 or s.36 and decisions recorded reflected the decisions reached in relation to those exemptions

only, rather than in the case as a whole or in relation to other exemptions that might have been applicable.

3. Cases are listed per decision per exemption. Therefore where a request involved some information which was covered by s.35 and some

information that was covered by s.36, it is listed under both headings.

4. In cases where s.35 and s.36 are claimed in the alternative for the same information, then the case is only listed under the section that was deemed

to be the relevant one.

Section 35

case ref subject appellant Decision

date

FTT outcome ICO decision

Cabinet Office v IC EA/2014/0223 Disclosure of doc: Getting your Bill through The House of Lords

Public Sector Org

22-Jul-15 public authority decision partly upheld

public authority decision partly upheld

Home Office v IC EA/2014/0310 Letter sent/received on the "Go

Home" campaign (also a s.36 case)

Public Sector

Org

29-Jun-15 public authority

decision overturned

public authority

decision overturned

Dept for Education

v Information

Commissioner

EA/2014/0079 Building Schools for the future

programme

Public Sector

Org

28-Jan-15 public authority

decision upheld

public authority

decision overturned

Sir Roger Gale MP

(“RG”) v

Information

EA/2014/0197 Letters to the EC re social security

benefits

Requestor 21-Dec-14 public authority

decision overturned

public authority

decision upheld

Commissioner

(DWP)

Tony Stott v IC

(Welsh Assembly

Govt)

EA/2013/0278 Disclosure of meetings of a Task

and Finish Group

Requestor 16-Jul-14 public authority

decision upheld

public authority

decision upheld

Dept of Health v IC EA/2013/0087 Ministerial diary of Andrew Lansley Public Sector

Org

17-Mar-14 public authority

decision overturned

public authority

decision overturned

Stephen Plowden

(FCO) v IC

(a final re-hearing

following earlier

appeals to FTT and

UT)

EA/2011/0225

and 0228

Record of a telephone conversation

between the PM Tony Blair and

George Bush

Public Sector

Org

28-Jan-14 public authority

decision upheld

public authority

decision partly

upheld

European Raelian

Movement v IC

(Cabinet Office)

EA/2012/0259 Info on Pope's security

arrangements during visit

Requestor 06-Dec-13 public authority

decision upheld

public authority

decision upheld

Cabinet Office v IC EA/2013/0119 Info on no. of times Reducing

Regulation Committee met since

being established

Public Sector

Org

27-Nov-13 public authority

decision overturned

public authority

decision overturned

DHSSPS v IC

(McDermott and

AG NI)

EA/2013/0081 correspondence on blood

donations

Public Sector

Org

13-Nov-13 public authority

decision upheld

public authority

decision overturned

Bradford & Bingley

Action Grp v IC

(Cabinet Office)

EA/2012/0251 Info about the sequence of events

leading up to and after the

nationalisation of B&B

Requestor 10-Jun-13 public authority

decision upheld

public authority

decision upheld

DCLG v IC (Nick

Posford)

EA/2012/0071 Info about the grant of planning aid

in England

Public Sector

Org

23-Jan-13 public authority

decision partly

upheld

public authority

decision overturned

Rhonda

Moorhouse v IC

(BIS)

EA/2012/0158 Info relating to facilitation of

banking and insurance services to

HLS

Requestor 20-Dec-12 public authority

decision upheld

public authority

decision upheld

Cabinet Office V IC

(Gavin Aitchinson)

EA/2011/0263 Rowntree takeover by Nestle Public Sector

Org

15-Oct-12 public authority

decision overturned

public authority

decision overturned

James Pragnell v IC

(Ministry of

Justice)

EA/2011/0279 concerning amendments to section

36 of FOIA

Requestor 20-Jun-12 public authority

decision upheld

public authority

decision upheld

Razvan Veer v IC

(Cabinet Office)

EA/2011/0255 Info relating to employment

restrictions on Romania and

Bulgaria when they joined EU

Requestor 21-May-12 public authority

decision upheld

public authority

decision upheld

Family Education

Trust v IC (DfE)

EA/2011/0244 age up to which parents are able to

withdraw their children from sex

and relationship lessons

Requestor 18-May-12 public authority

decision upheld

public authority

decision upheld

The APPG on

Extraordinary

Rendition v IC

EA/2011/0049/0

050/0051

Info relating to the UK’s

involvement in the extraordinary

rendition of certain individuals

Cross Appeal 03-May-12 public authority

decision partly

upheld

public authority

decision partly

upheld

(FCO)

Dept of Health v IC

(Rt Hon John

Healey MP and

Nicholas Cecil)

EA/2011/0286 &

0287

DH: Transitional Risk Register and

Strategic RR

Public Sector

Org

05-Apr-12 public authority

decision partly

upheld

public authority

decision overturned

Adam Weiss v IC

(Home Office)

EA/2011/191 Info on UK Border Agency pilot

scheme for removing homeless EEA

nationals

Requestor 20-Feb-12 public authority

decision upheld

public authority

decision upheld

William Thackeray

v IC

EA/2011/0069 papers from HO on Scientology

(also a s.36 case)

Requestor 02-Dec-11 public authority

decision partly

upheld

public authority

decision partly

upheld

Robin Makin v IC

(Attorney General

and HMT)

EA/2010/0080 &

81

info on the Legal Services Bill and

the proposal on exempting Govt

lawyers from professional

regulation

Requestor 05-Jan-11 public authority

decision partly

upheld

public authority

decision upheld

Peter Dunn v IC

(DCLG)

EA/2010/0033 info about the legal advice

obtained in relation to a Govt

decision to remove the "85 year

rule" in 2006

Requestor 09-Nov-10 public authority

decision upheld

public authority

decision upheld

Cabinet Office v IC EA/2010/0031 Cabinet minutes re Westland Public Sector

Org

13-Sep-10 public authority

decision partly

upheld

public authority

decision partly

upheld

The Home Office v

IC

EA/2010/0011 info which the U.K. Border Agency

relied upon when s12 Asylum and

Immigration (Treatment of

Claimants) Act, 2004 was

Public Sector

Org

08-Jun-10 public authority

decision overturned

public authority

decision overturned

introduced

CPS v IC EA/2009/0077 Info from the CPS on merits of

amending the law relating to

children being assaulted by adults.

Public Sector

Org

25-Mar-10 public authority

decision overturned

public authority

decision overturned

Dept for Culture,

Media and Sport v

IC

EA/2009/0038 info relating to limit the numbers of

various categories of casino

Public Sector

Org

22-Feb-10 public authority

decision partly

upheld

public authority

decision overturned

D Bowden

Consulting Ltd v IC

(Cabinet Office)

EA/2008/0090 Minutes and papers of Cabinet

Office Committee known as the

MISC31

Requestor 26-Aug-09 public authority

decision upheld

public authority

decision upheld

Office of Govt

Commerce v IC

EA/2006/0068 &

EA/2006/0080

info about Gateway Reviews of the

Identity Cards Programme project

Public Sector

Org

19-Feb-09 public authority

decision overturned

public authority

decision overturned

Cabinet Office v IC EA/2008/0073 copy of the Cabinet Office papers

for Asylum and Migration Working

Group meeting in Oct 2005 re

whether to continue the Accession

States Worker Registration Scheme

Public Sector

Org

27-Jan-09 public authority

decision overturned

public authority

decision overturned

Cabinet Office v IC

(Christopher Lamb)

and Christopher

Lamb v IC (Cabinet

Office)

EA/2008/0024

AND

EA/2008/0029

Iraq Cabinet minutes Cross Appeal 27-Jan-09 public authority

decision partly

upheld

public authority

decision partly

upheld

Cabinet Office v IC EA/2008/0030 correspondence between Lord Birt

and the PM regarding the advice,

research and analysis on strategic

criminality and social trends (also a

s.36 case)

Public Sector

Org

21-Oct-08 public authority

decision upheld

public authority

decision overturned

Dermod O’Brien v

IC (DBERR)

EA/2008/0011 info about part time EU regulations

(also a s.36 decision)

Requestor 07-Oct-08 public authority

decision overturned

public authority

decision partly

upheld

The Scotland

Office v IC

EA/2007/0070 info about the Scottish Adjacent

Waters Boundaries Order

Public Sector

Org

08-Aug-08 public authority

decision partly

upheld

public authority

decision partly

upheld

The Scotland

Office v IC

EA/2007/0128 information about Gaelic

broadcasting policy

Public Sector

Org

05-Aug-08 public authority

decision partly

upheld

public authority

decision partly

upheld

Dept for Culture

Media and Sport v

IC

EA/2007/0090 Advice rec'd on list of sporting

events to be protected under the

Broadcasting Act 1996 from having

tv rights sold for viewing by

subscription or pay-per-view

arrangements.

Public Sector

Org

29-Jul-08 public authority

decision upheld

public authority

decision overturned

HM Treasury and

IC

EA/2007/0054 Law officers advice on Gordon

Brown’s declaration of the

Financial Services and Markets Bill

compatibility with the Human

Rights Act 1998

Public Sector

Org

15-May-08 public authority

decision overturned

public authority

decision overturned

Dept Of BERR v IC

(Friends of the

EA/2007/0072 info about meetings and

correspondence between Ministers

Public

Sector Org

29-Apr-08 public authority

decision partly

public authority

decision partly

Earth) and/or Senior civil servants (also a

s.36 case)

upheld upheld

HMT v IC EA/2007/0001 info about content of certain

budget submissions made to the

Chancellor in the lead up to the

1999 Budget

Public Sector

Org

07-Nov-07 public authority

decision partly

upheld

public authority

decision overturned

DFE v IC (The

Evening Standard)

EA/2006/0006 Minutes of SMT regarding the

setting of school budgets in

England

Public Sector

Org

19-Feb-07 public authority

decision overturned

public authority

decision overturned

Section 36

case ref subject appellant Decision

date

FTT outcome ICO decision

Home Office v IC (Alistair Sloan)

EA/2015/0030 info on arrest of suspected immigration offenders

Public Sector Org

20-Jul-15 public authority decision overturned

public authority decision overturned

Home Office v IC EA/2014/0310 Letter sent/received on the "Go

Home" campaign (also a s.35 case)

Public Sector

Org

29-Jun-15 public authority

decision overturned

public authority

decision overturned

King Edward VI

Handsworth

School v IC

EA/2014/0285 copies of collated results of pupil,

parent and staff surveys conducted

in 2013

Public

Sector Org

26-May-15 public authority

decision overturned

public authority

decision overturned

Dept of BIS v IC

(Patrick Whyte)

EA/2014/0173 copy of report on Thomas Cook

sent to PM and correspondence

between BIS and DfT on this

Public

Sector Org

20-Apr-15 public authority

decision overturned

public authority

decision overturned

James Little v IC

(Cornwall

Partnership NHS

Trust)

EA/2014/0199 copy of a report regarding

Therapeutic Management of

Aggression and Violence

Requestor 16-Mar-15 public authority

decision partly

upheld

public authority

decision upheld

Brendan

Montague V IC

(Tate Gallery)

EA/2014/0040,

70-71

information about BP’s sponsorship

arrangements with the Tate Gallery

Requestor 22-Dec-14 public authority

decision partly

upheld

public authority

decision overturned

Alistair Mitchell v

IC (Crown

Prosecution

Service)

EA/2014/0195 internal correspondence which

refer to a ‘tick and star’ brief

marking system from the CPS

Requestor 15-Dec-14 public authority

decision upheld

public authority

decision upheld

Bradford

Metropolitan v IC

(Janette Sagar)

EA/2014/0027 info on the criteria the Council uses

to grade employees’ positions

Public

Sector Org

24-Jul-14 public authority

decision overturned

public authority

decision overturned

Nick Dunnett v IC

(Ministry of

Defence)

EA/2013/0214 recorded information held within

the MoD on the boating incident in

Cherbourg Marina in Sept 2011

Requestor 26-Mar-14 public authority

decision upheld

public authority

decision upheld

John Slater v IC

(DWP)

EA/2013/0145,

DWP v IC (John

Slater)

EA/2013/0148,

DWP v IC (Tony

Collins)

EA/2013/0149

EA/2013/0145,

EA/2013/0148,

EA/2013/0149

risks arising from the

implementation of the Universal

Credit Prog

Cross

Appeal

19-Mar-14 public authority

decision overturned

public authority

decision overturned

Howard Roberts v EA/2013/0059 internal and external Requestor 31-Oct-13 public authority public authority

IC ( Home Office) correspondence on the subject of

how the HO should respond to the

original request on 11 October

2009 (EA/2012/0032)

decision partly

upheld

decision partly

upheld

Adam Roberts v IC

(Cabinet Office)

EA/2012/0245 all written correspondence

between the Archbishop of

Canterbury and the PM/his office

(1/05/2010 and 13/06/2011)

Requestor 25-Oct-13 public authority

decision upheld

public authority

decision upheld

Dr Bart Moore

Gilbert v IC (DfE)

EA/2012/0204 correspondence about the

“Tottenham Palestinian Literary

Festival” inc comms to SofS for

Education and school participation

Requestor 23-Sep-13 public authority

decision upheld

public authority

decision upheld

John Mitchell v IC

(Queen Mary,

University of

London)

EA/2013/0019 meeting minutes of the PACE trial’s

Trial Steering Cttee and Trial Mgmt

Grps

Requestor 22-Aug-13 public authority

decision upheld

public authority

decision upheld

Max Frohnsdorff v

IC Ashford

Borough Council

EA/2012/0213 copies of all correspondence, which

the CEO of Ashford Council had

with 4 named individuals by email

or post (April 25th to 26th

September 2011)

Requestor 04-Apr-13 public authority

decision overturned

public authority

decision upheld

James Scott v IC EA/2012/0219 correspondence between Ashford

Council and Great Chart and

Singleton Parish Council parish: re

parish council elections and Green

Campaigners status

Requestor 04-Apr-13 public authority

decision overturned

public authority

decision upheld

Department for EA/2012/0135 info relating to an inspection of Public 29-Jan-13 public authority public authority

Education v

Northern Ireland

Kirkinriola Primary School: March

2011

Sector Org decision overturned

decision overturned

Iain Helstrip v IC

(High Speed 2)

EA/2012/0201 about the distance between the

route of the HS2 line and the

property, which was furthest away

from it, but qualified for assistance

under Exception Hardship Scheme

Requestor 29-Jan-13 public authority

decision overturned

public authority

decision upheld

Dept for Education

v IC (British

Humanist Assoc)

EA/2012/0136,0

166, 0167

Free Schools programme (tribunal

decided s.36 applied instead, but

ordered release)

Public

Sector Org

15-Jan-13 public authority

decision overturned

public authority

decision overturned

Anne Michele Kelly

v IC

EA/2012/0209 info about severance and early

retirement offers given to staff in

the School of Nursing

Requestor 15-Jan-13 public authority

decision upheld

public authority

decision upheld

Andrew Bousfield v

IC Alder Hey

Children’s NHS

Foundation Trust

EA/2012/0092 Request for Alder centre report on

causes of stress amongst staff

working in the operating theatres

Requestor 10-Jan-13 public authority

decision overturned

public authority

decision upheld

Liz Copper v IC

(Stoke-on-Trent

City Council

EA/2012/0178-

0180

Info about the mediation between

the Council and Mr Chaudry

concerning the consideration of

leisure services in the city

Requestor 07-Jan-13 public authority

decision overturned

public authority

decision upheld

Rob Waugh v IC

(Rotherham NHS

Trust)

EA/2012/0145 info about to a consultant

orthopaedic surgeon

Requestor 28-Dec-12 public authority

decision overturned

public authority

decision upheld

The Arts and

Humanities

Research Council v

IC (Michael

Bimmler)

EA/2012/0067 info about inclusion of the concept

of “Big Society” in the AHRC’s

Delivery Plan

Public

Sector Org

04-Dec-12 public authority

decision partly

upheld

public authority

decision partly

upheld

Tony Sutton v IC

(Nottingham City

Council)

EA/2012/0044 copies of all written

communications to and from

certain individuals relating to

processes and procedures for FOI

Requests

Requestor 31-Oct-12 public authority

decision upheld

public authority

decision upheld

Ganesh

Sittampalam v IC

(Ministry of

Justice)

EA/2011/0277 information about the investigation

and action taken regarding the

complaint made about Cherie

Booth

Requestor 05-Oct-12 public authority

decision upheld

public authority

decision upheld

Uttlesford District

Council v IC

EA/2011/0269

0285

info regarding planning

applications for retail supermarkets

Public

Sector Org

06-Jun-12 public authority

decision upheld

public authority

decision overturned

Angela Kikugawa v

IC (Ministry of

Justice)

EA/2011/0267 all briefing notes to PQs relating to

the Tasker Inquiry

Requestor 20-May-12 public authority

decision partly

upheld

public authority

decision partly

upheld

Geraldine Hackett

v IC

EA/2011/0151 materials relating to two schools

projects in which the United

Learning Trust was involved

Requestor 05-Mar-12 public authority

decision partly

upheld

public authority

decision upheld

Mike Waites v

IC(NHS Wakefield

EA/2011/0166 correspondence

info between Trusts concerning

Requestor 23-Jan-12 public authority public authority

District Primary

Care Trust)

plans to build a specialist centre for

cancer and urology surgery at

Dewsbury and District Hospital

decision upheld decision upheld

William Thackeray

v IC

EA/2011/0069 papers from HO on Scientology

(also a s.35 case)

Requestor 02-Dec-11 public authority

decision partly

upheld

public authority

decision partly

upheld

Ian Benson v IC

(Governing Body of

Sheffield Hallam

University

EA/2011/0061 request for the workplace email

addresses of all of the university's

staff

Requestor 06-Oct-11 public authority

decision upheld

public authority

decision upheld

Public and

Commercial

Services Union v IC

(Ministry of

Justice)

EA/2009/0123 info about instructional grades

from NOMS

Requestor 09-Nov-10 public authority

decision upheld

public authority

decision upheld

Chief Constable of

Surrey v IC

EA/2009/0081 exchanges between the Chief

Constable and ACPO re Deepcut

Inquiry

Public

Sector Org

08-Jul-10 public authority

decision overturned

public authority

decision overturned

University of

Central Lancashire

v IC (Professor

Colquhoun)

EA/2009/0034 copies of course material on

homeopathy and correspondence

in making it a degree.

Public

Sector Org

08-Dec-09 public authority

decision overturned

public authority

decision overturned

Alasdair Roberts v

IC (DBIS)

EA/2009/0035 release of certain data held by BIS

on a computer database

management system called Matrix

Requestor 20-Nov-09 public authority

decision overturned

public authority

decision upheld

Exports Credits EA/2009/0021 request for information made to Public 21-Oct-09 public authority public authority

Guarantee Dept v

IC (Campaign

against the Arms

Trade)

ECGD by the Campaign Against

Arms Trade

Sector Org decision overturned decision overturned

Student Loans

Company v IC

EA/2008/0092 any documents, guides or customer

service policies that apply to staff

who have customer contact and

who work for SLC’s in house debt

collection agency

Public

Sector Org

17-Jul-09 public authority

decision overturned

public authority

decision overturned

ES Galloway v The

Central and NW

NHS foundation

EA/2008/0036 staff witness statements from the

Trust on investigation into what

had happened to an individual

whilst in the Trust’s care

Requestor 20-Mar-09 public authority

decision upheld

Public authority

decision upheld

Home Office &

MoJ v IC

EA/2008/0062 internal communication within

Govt and Govt dept relating to the

use of FOIA by M Davis or J Connor

Press Associates Ltd

Public

Sector Org

20-Nov-08 public authority

decision overturned

public authority

decision overturned

Cabinet Office v IC EA/2008/0030 correspondence between Lord Birt

and the PM regarding the advice,

research and analysis on strategic

criminality and social trends (also a

s.35 case)

Public Sector

Org

21-Oct-08 public authority

decision upheld

Public authority

decision overturned

Dermod O’Brien v

IC (DBERR)

EA/2008/0011 info about part time EU regulations

(also a s.35 decision)

Requestor 07-Oct-08 Public authority

decision overturned

public authority

decision upheld

Roger Salmon v IC EA/2007/0135 papers and minutes of the Council

and Governing Body relating to the

Requestor 17-Jul-08 Public authority public authority

(Kings College) resignation of Dame Judith

Mayhew Jonas as Provost,

including the final agreement(s)

reached with her

decision overturned decision upheld

Dept Of BERR v IC

(Friends of the

Earth)

EA/2007/0072 info about meetings and

correspondence between Ministers

and/or Senior civil servants (also a

s.35 case)

Public

Sector Org

29-Apr-08 public authority

decision partly

upheld

public authority

decision partly

upheld

Ian McIntyre v IC

(Ministry of

Defence)

EA/2007/0068 request for 2003 Assessment and

Development Centre – Assessor

Guide (Promotion

Recommendation)

Requestor 04-Feb-08 public authority

decision upheld

public authority

decision upheld

FCO V IC EA/2007/0047 request to see a draft of the Sept

Dossier on Iraq’s Weapons of Mass

Destruction

Public

Sector Org

22-Jan-08 public authority

decision overturned

public authority

decision overturned

Evans v IC

(Ministry of

Defence)

EA/2006/0064 info from the MoD about a meeting

between Lord Drayson, Minister for

Defence Procurement and

representatives from a lobbying

company

Requestor 26-Oct-07 public authority

decision partly

upheld

public authority

decision upheld

Ministry of

Defence v IC

(Evans)

EA/2006/0027 disclosure of a complete copy of

the 2004 edition of a Directory

published by the Defence Export

Services Org

Public

Sector Org

20-Jul-07 public authority

decision partly

upheld

public authority

decision overturned