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You are here: BAILII >> Databases >> Information Commissioner's Office >> Oxford Direct Services Ltd (Other) [2024] UKICO 273275 (24 May 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/273275.html
Cite as: [2024] UKICO 273275
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Oxford Direct Services Ltd
The complainant submitted a three part request for information held by Oxford Direct Services Limited (ODSL) relating to low access shower adaptions completed over a 36 month time period. ODSL provided the complainant with some information, and advised that it considered the remaining information relevant to the request to be exempt from disclosure under section 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that, on the balance of probabilities, ODSL has not identified all of the information held that is relevant to all three parts of the complainant’s request, and has therefore failed to comply with section 1 of FOIA. Furthermore, the Commissioner has found that section 43(2) is not engaged in respect of the withheld information which ODSL has currently identified as being relevant to part 2 and part 3 of the request. When relying on section 43(2) of FOIA, ODSL also failed to set out its consideration of the public interest test, both in its refusal notice to the complainant, and at the internal review stage. Therefore, the Commissioner has found a breach of section 17(3) of FOIA. The Commissioner requires ODSL to carry out adequate searches to identify all of the information held that is relevant to the request, and issue a fresh response to all three parts of the request after consideration of that information. With regard to the withheld information that has already been identified as relevant to part 2 and part 3 of the request, ODSL should now provide the total cost of each level access shower adaption, and the names of all contractors or subcontractors that carried out work on each adaption.FOI 43(2): Complaint upheld FOI 17(3): Complaint upheld FOI 1: Complaint upheld
Decision notice: 273275