25 July 2007, Education (Other)
The complainant made a request for all information held by the public authority in relation to an investigation which was conducted into alleged irregularities with the public authority’s pension fund. The request was originally refused on the basis of section 21. However, at the internal review the public authority withdrew its reliance on this exemption and instead provided the complainant with a number of documents, although certain documents were redacted on the basis of section 40 and section 42. Following the Commissioner’s intervention the public authority disclosed the information it had redacted on the basis of section 40. The Commissioner has concluded that the public authority were correct to rely on section 42 to withhold some information, but breached section 1 of the Act by failing to disclose to the complainant information that it had previously withheld on the basis of section 21.
FOI 17: Upheld