Information Commissioner's Office

Summary: The complainant made a request for the social services file of his late father. The City of York Council provided some information and following internal review further information was provided although the complainant remained dissatisfied. Following the intervention of the ICO the Council reviewed what had been provided and decided to revisit the request completely. Following this review it determined what information it considered could be released and unsuccessfully attempted to send the information to the complainant by recorded delivery. After this failed attempt at disclosure the Council revaluated its decision and decided that it was prepared to make a disclosure on a discretionary basis to the complainant but refused disclosure under the Freedom of Information Act 2000 (the -�Act-�) relying on the exemption provided by section 41. The Commissioner has investigated and found that a small amount of the information is the complainant-�s personal data and therefore exempt under section 40(1) of the Act. In respect of the majority of the information the Commissioner found that section 41(1) applied. He also found that the Council had breached section 17(1) & 17(1)(c). The Commissioner requires no steps to be taken.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 40 - Complaint Not upheld, FOI 41 - Complaint Not upheld