30 August 2007, Central government
The complainant made a request to the Local Government Ombudsman for information related to a complaint he had previously made against Portsmouth City Council. The public authority refused the request on the basis that information related to its investigations is exempt under section 44 of the Act. The public authority confirmed that the relevant statutory prohibition is section 32(2) of the Local Government Act 1974. The Commissioner has investigated the complaint and has found that, to the extent that the public authority holds any recorded information falling within the scope of the request, the exemption was correctly applied. However the Commissioner has also found that the public authority breached section 17 of the Act by issuing the complainant with an inadequate refusal notice. Information Tribunal appeal number EA/2007/0094 has been dismissed.
FOI 17: Partly upheld