4 September 2007, Central government
The complainant wrote to the Local Government Ombudsman to request information regarding its investigation of a complaint she had previously made against Southend-on-Sea Borough Council. The public authority refused to supply some of the information, relying upon section 44 of the Act which provides for an exemption from the right to know where disclosure is prohibited under any other enactment. The relevant statutory prohibition is section 32(2) of the Local Government Act 1974. The Information Commissioner has considered the complaint and has found that the information was exempt and that the public authority applied section 44 of the Act correctly. However the Commissioner has found that the public authority breached section 17 of the Act by failing to respond to the request within 20 working days.
FOI 17: Upheld