Information Commissioner's Office

Mid Sussex District Council

26 July 2007, Local government (District council)

The complainant requested access to information held by Mid Sussex District Council (‘the Council’) which led to a specific statement being made by the Strategic Director of the Council. The statement was made in a letter dated 13 May 2005 in response to a complaint the complainant had submitted regarding a planning application. The Council responded and informed the complainant that it was unwilling to release the information, as it considered that it was exempt from disclosure under section 41 of the Act. As he remained dissatisfied, the complainant contacted the Commissioner and requested that the Council’s decision to withhold the information be given formal consideration. The Commissioner reviewed the information requested and concluded that the Council was correct to rely on section 41 of the Act for the non disclosure of the information and therefore dealt with the complainant’s request in accordance with section 1 of the Act. An appeal was made to the Tribunal but later withdrawn.

FOI 41: Not upheld