Information Commissioner's Office

Wirral Metropolitan Borough Council

3 March 2008, Local government (Borough council)

The complainant made a request for information to Wirral Metropolitan Borough Council (the “Council”) on 14 October 2005. The Council refused to provide the information requested on the grounds that it was exempt under section 43 of the Freedom of Information Act 2000 (the “Act”). This decision was communicated to the complainant on 11 September 2006. Owing to the decision to withhold the information being taken at a high level within the Council, the Commissioner did not require an internal review to be carried out. During the course of the investigation, the Council suggested that section 22 of the Act may be applicable. The Commissioner has concluded that the Council incorrectly applied section 43(2) of the Act to the requested information, and has determined that it may not be withheld under section 22. He therefore requires the Council to disclose the requested information. The Commissioner further finds that the Council failed to comply with section 17 when issuing a refusal notice in respect of this request.

FOI 17: Upheld