10 September 2007, Local government (County council)
The complainant requested information from the public authority on the attendance in work of an individual on a specific day. The public authority refused the request by applying section 40(2) of the Freedom of Information Act. Following the Commissioner’s intervention, the public authority confirmed to the complainant that it held the information but maintained its application of section 40(2) to withhold the information itself. The Commissioner upheld the public authority’s application of section 40(2) but found that the public authority did not issue a timely or adequate refusal notice in accordance with section 17 of the Act. Information Tribunal appeal has been withdrawn.
FOI 40: Not upheld