Information Commissioner's Office

Camden Council

13 February 2007, Local government (District council)

The complainant asked Camden Council to provide him with the identities of all residents who had been made the subject of Anti-Social Behaviour Orders (ASBOs). The council provided the complainant with an edited version of its ASBO database. Information that could identify individuals was withheld by the council under sections 31 and 40 of the Act. The Commissioner is not satisfied that section 31 was engaged. He decided that the council was wrong to rely on section 40 to redact the names of all the individual recipients of ASBOs but that redaction could be justified in some cases. The Commissioner requires the public authority to provide the complainant with a full version of its ASBO database but after redaction of names in those cases where: reporting restrictions were imposed by the court at the original ASBO hearing or at any hearing for breach; the ASBO did not proceed beyond interim status; the public authority is satisfied that the ASBO recipient is particularly vulnerable and would be put at real risk by disclosure; or the ASBO has now expired. An appeal was made to the Tribunal who have ruled and overturned the decision.

FOI 31: Upheld