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You are here: BAILII >> Databases >> Information Commissioner's Office >> Wakefield Metropolitan District Council (Decision Notice) [2009] UKICO FS50113479 (27 July 2009)
URL: http://www.bailii.org/uk/cases/UKICO/2009/FS50113479.html
Cite as: [2009] UKICO FS50113479
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Wakefield Metropolitan District Council (Decision Notice) [2009] UKICO FS50113479 (27 July 2009)
Summary: The complainant requested two reports undertaken in response to allegations made by whistleblowers into the care practices in certain children-™s homes in the Wakefield area. Wakefield Metropolitan District Council refused to supply the reports claiming reliance on section 30(2)(a)(iii) with reference to 31(2)(a) to (d) and (j). The Council also indicated that in the alternative it would seek to rely on section 31(1)(g) with respect to 31(2)(a) to (d) and (j). The Commissioner has decided that the neither of the two reports are exempt under section 30(2)(a)(iii) and 31(2)(a). The Commissioner is content that section 31(1)(g) can be applied to both the management investigation report and the NSPCC report with reference to 31(2)(b). The Commissioner finds that the public interest in maintaining the exemption does not outweigh the public interest in disclosure of the information in certain sections of both the NSPCC report and the management investigation report. The Commissioner found that this information should be disclosed with some details of staff names redacted under section 40(2) of the Act. The Council also breached section 17 by issuing an inadequate refusal notice.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 31 - Complaint Partly Upheld, FOI 40 - Complaint Partly Upheld