Summary: The complainant made four requests to the public authority. The Commissioner-™s investigation has been confined to requests (A), (C) and (D). In relation to request (A) the public authority withheld this information under section 31 and section 38 of the Act. In relation to request (C) the public authority informed the complainant that this information was exempt under section 40(2). In relation to request (D) the public authority provided some information but insisted that the other information was not held. During the Commissioner-™s investigation the public authority informed him that it did not hold any information in relation to request (C) and he is satisfied that no information relating to request (C) was held by the public authority at the time of the request. For request (A) the Commissioner finds that the information was correctly withheld under section 31(1)(a) and (b). The Commissioner also found that the public authority did not hold any information in relation to request (D). The Commissioner has also concluded that it would not have been reasonable to expect the public authority to have provided further advice and assistance to the applicant and therefore the public authority did not breach section 16(1). The Commissioner does not require any remedial steps to be taken in this case.
Section of Act/EIR & Finding: FOI 10 - Complaint Partly Upheld, FOI 16 - Complaint Not upheld, FOI 17 - Complaint Partly Upheld, FOI 31 - Complaint Not upheld