Information Commissioner's Office

Bletchingley Parish Council

25 February 2008, Local government (Parish council)

The complainant asked for copies of the annual reports and accounts of Bletchingley Parish Council (“the Council”) from 2004-2007, a letter from the Council’s indemnity insurer authorising it “sole executive powers” and a copy of the original proposal form and terms and conditions of the Council’s original insurance policy. The Council advised the complainant that the annual accounts were already in the public domain and therefore exempt under the Freedom of Information Act 2000 (“the Act”). It applied the exemption under section 42 (Legal Professional Privilege) to the original insurance documents requested because of ongoing litigation involving the complainant. The Commissioner investigated and was satisfied that the annual accounts and reports are available on the website and are therefore exempt under section 21 of the Act. However, he found that the remainder of the information requested concerning the Council’s insurer is not held by the Council. In addition, the Commissioner noted a number of procedural failings, in particular the Council breached section 1 and section 17 of the Act.

FOI 17: Upheld