Information Commissioner's Office

Summary: The complainant requested any information relating to the preparation of a report on the subject of interim management arrangements. The council refused to disclose the information that it held on the basis that it was exempt under section 36(2)(b)(i) and (ii) of the Freedom of Information Act 2000 (-�the FOIA-�), the exemption that relates to prejudice to the conduct of public affairs. During the Commissioner-�s investigation, the council also sought to rely on section 40(2) in relation to some of the information on the basis that it would be unfair to disclose some personal data. The Commissioner-�s decision is that the council correctly withheld some information under section 40(2) of the FOIA. However, it incorrectly withheld some information using section 40(2) and 36(2)(b)(i) and (ii). It therefore breached section 1(1) and 10(1) of the FOIA by failing to disclose this information within 20 working days of the request.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 36 - Complaint Upheld, FOI 40 - Complaint Partly Upheld