Information Commissioner's Office

Commission for Local Administration in England

3 April 2007, Central government

The complainant wrote to the Local Government Ombudsman to request any information it held related to her and her interests. In response the public authority provided the complainant with the majority of the information it held. However the public authority explained that the information formed part of a complaints file. It said that it was withholding some of this information under section 44 of the Act. The public authority explained that section 32(2) of the Local Government Act 1974 prevented it from disclosing information it had obtained in the course of, or for the purposes of, an investigation. The Commissioner investigated the complaint and is satisfied that section 32(2) of this Act prevents the public authority from disclosing the remaining withheld information. The Commissioner therefore accepts that this information is exempt under section 44 of the Act.

FOI 44: Not upheld