Information Commissioner's Office

Summary: The complainant requested copies of reports produced by consultants on the financial savings the public authority could achieve over a period of time. The public authority identified two reports as falling within the scope of the request and subsequently withheld the reports on the basis of the exemptions at sections 36(2)(b)(i) and (ii) (free and frank provision of advice and exchange of views for the purposes of deliberation). The Commissioner found that one of the reports was exempt on the basis of sections 36(2)(b)(i) and (ii) but that, apart from a small amount of information, the public interest in maintaining the exemption did not outweigh the public interest in disclosure. The second report was not exempt on the basis of sections 36(2)(b)(i) or ii). The Commissioner therefore ordered the public authority to disclose the reports excluding the information he found to be exempt. The Commissioner also found the public authority in procedural breach of the Act.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 36 - Complaint Upheld