Information Commissioner's Office

Summary: The complainant has requested the part B minutes of Sheffield Homes-� AGM of 20 September 2011. Sheffield Homes responded outside the time for compliance. It initially provided a redacted version of the minutes and withheld the document -�project business case-� relying on section 36(2)(c) of the FOIA as disclosure would otherwise prejudice the effective conduct of public affairs and section 43(2) in respect of the redactions made to the part B minutes as the information was commercially sensitive. During the investigation, Sheffield Homes also withdrew its reliance on section 36(2)(c) in respect of the project business case and instead relied on section 41 as the document had been provided in confidence. The Commissioner-�s decision is that Sheffield Homes has incorrectly applied section 43(2) and section 41 to the withheld information. The Commissioner has also decided that in responding outside 20 working days, Sheffield Homes has breached section 10 of the FOIA. The Commissioner requires the public authority provide the withheld information. Information Tribunal appeal number EA/2012/237 withdrawn.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 41 - Complaint Upheld, FOI 43 - Complaint Upheld