British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Wirral Metropolitan Borough Council (Decision Notice) [2012] UKICO FS50438500 (29 November 2012)
URL: http://www.bailii.org/uk/cases/UKICO/2012/FS50438500.html
Cite as: [2012] UKICO FS50438500
[New search] [Printable PDF version] [Help]
Wirral Metropolitan Borough Council (Decision Notice) [2012] UKICO FS50438500 (29 November 2012)
Summary: The complainant requested information on two senior officers who left Wirral Metropolitan Borough Council by mutual consent. His request encompassed detailed information on whether the individuals were paid severance pay, whether they any disciplinary action was held and whether they signed compromise agreements, including whether these held -˜gagging clauses-™. The council responded withholding the information applying section 40(2) (personal data). It did however subsequently disclose information on severance payments made to the individuals. The Commissioner-™s decision is that Wirral Metropolitan Borough Council was correct to apply section 40(2) to the information. The Commissioner notes however that the councils response fell after the 20 days required by section 10(1) of the Act. The Commissioner has therefore decided that the council breached section 10(1). He has also decided that as the council did not disclose severance information to the complainant until 2 November 2012 it was again in breach of section 10(1). The Commissioner does not require the public authority to take any steps. Information Tribunal appeal number EA/2012/0264 dismissed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 40 - Complaint Not upheld