Information Commissioner's Office

Summary: The complainant requested various pieces of information regarding Eastleigh Borough Council-�s (the -�Council-�) investigation into working practices at the former employer of a now deceased individual. The Council disclosed some of the requested information, stated that some of the information was not held, and applied section 41(2) of the Freedom of Information Act 2000 (the -�Act-�) to other information and refused to confirm or deny whether it was held. During the Commissioner-�s investigation the Council clarified that it was no longer seeking to rely on section 41(2) of the Act but applied section 41(1) to the withheld information. The Commissioner has determined that, on the balance of probabilities, the Council holds no further information and that the withheld information is exempt under section 41(1) of the Act. The Commissioner identified procedural breaches in the way in which the Council handled the request but does not require the Council to take any steps. The Commissioner also identified that some of the withheld information was likely to be the personal data of the complainant and this matter is being dealt with separately by the Commissioner. Information Tribunal appeal number EA/2010/0078 dismissed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 41 - Complaint Not upheld