Information Commissioner's Office

Sunderland City Council

11 June 2007, Local government (City council)

The complainant asked the Council for information held about the Tyne and Wear Anti-Fascist Association (“TWAFA”). In its response the Council provided to the complainant most of the information requested, but redacted the names and certain contact information in relation to TWAFA and Council staff. The Council also withheld TWAFA annual reports. The Council cited the exemptions contained in sections 38(1), 40 and 41 of the Freedom of Information Act (“the Act”). Following discussions with the Commissioner, the Council released a redacted copy of a TWAFA annual report. The Commissioner has decided that sections 38 and 40 are engaged and that the public interest lies in favour of maintaining the section 38 exemption. However, he has decided that the Council was in breach of section 17 (1) of the Act as it failed to supply a refusal notice within 20 working days. It also failed to complete a review of its decision within the time specified in its complaints procedure.

FOI 17: Upheld