Information Commissioner's Office

North Tyneside Council

20 February 2007, Local government (District council)

The complainant asked the Council for information which it held about the British National Party (BNP) and the Tyne and Wear Anti-Fascist Association (TWAFA). In its response the Council said that it held no information about the BNP. It provided to the complainant limited information about one grant made to TWAFA and a summary of a letter from TWAFA in relation to its grant. The Council withheld copies of the minutes of meetings of the Racial Incidents Working Group (RIWG) and did not inform the complainant of its existence. The Council applied the exemptions contained in sections 31(1)(a), 38(1)(a) and (b) and 40(3)(a) of the Freedom of Information Act to the information withheld. Following the Commissioner’s intervention the Council identified further relevant information (including a report by the RIWG), which it provided to the complainant after redacting information giving personal details about TWAFA staff. The Commissioner has decided that sections 38 and 40 are engaged, and that the public interest lay in favour of maintaining the section 38 exemption. However, he has decided that a copy of one of TWAFA’s audited annual reports, and redacted extracts of the RIWG minutes should be released to the complainant.

FOI 38: Not upheld