Summary: The complainant requested the Council to disclose all correspondence between Trust Thamesmead and its officers and Councillors between 1 July and 7 November 2008. The Council responded disclosing some information to the complainant, however, it decided correspondence between the Trust and Councillor Smith (part (a)) was not held for the purposes of the Act by virtue of section 3(2)(a). It also decided to withhold correspondence between the Trust and Councillor Kotz (part b) under sections 40(2) and 41 of the Act. During the Commissioner-™s investigation the Council changed its view in respect of part (b) of the withheld information and informed the Commissioner that it was now of the view that this information was not held for the purposes of the Act by virtue of section 3(2)(a). The Commissioner has considered both parts of the requested information. Regarding part (a), the Commissioner concluded that this information was not held for the purposes of the Act by virtue of section 3(2)(a). However, in respect of part (b), he concluded that this information was held to some extent for Council purposes and therefore the Council was incorrect to withhold this information by virtue of section 3(2)(a) of the Act. The Commissioner has therefore requested the Council to either disclose part (b) of the requested information to the complainant or issue a further Refusal Notice in accordance with section 17 of the Act within 35 days of the date of this Notice.
Section of Act/EIR & Finding: FOI 3 - Complaint Partly Upheld, FOI 10 - Complaint Upheld