Information Commissioner's Office

Doncaster Metropolitan Borough Council

22 January 2007, Local government (Borough council)

The complainant sought the names of those who had repaid money to the Council following excessive expenses claims, as well as details of the amounts each individual had repaid. The Council applied an exemption to the information under section 40 of the Act. During the investigation by the Commissioner, the Council also submitted that to disclose the information would exceed the appropriate limit (section 12) and, in any event, some information was already in the public domain and therefore exempt under section 21 of the Act. The Commissioner ascertained that the information could be split into two types, namely money repaid as a result of criminal convictions through compensation orders and voluntary repayments made by both convicted and non-convicted Council members and officers. The Commissioner has decided that the cost of considering the request for all of the information would exceed the appropriate limit, but that the Council did not provide any advice and assistance with a view to the complainant narrowing his request (section 16). The Commissioner has therefore considered whether any of the information requested could be released and has decided that it would be fair to release names and details of repayments ordered to be made as a result of criminal convictions, but the names of those who made voluntary payments and the amounts involved is exempt under section 40. The Council should therefore release the information relating to the criminal repayments. The exemption under section 21 was not found to be valid.

FOI 12: Not upheld