Summary: The complainant requested information from Liverpool City Council (the council) concerning an organogram, pay scales and staff numbers in a particular format for the council and Liverpool Direct Ltd (LDL). The council responded by stating that it held some, but not all, of the requested information. At internal review stage, and subsequently, the council provided further information. After the Commissioner began his investigation the council applied section 40(2) to some of the requested information which it later disclosed. The council also applied section 12(1) at a late stage. The Commissioner has decided that the council has relied inappropriately on section 12(1). He has concluded though, on the balance of probability, that the council does not hold any information regarding the salary of the Chief Executive of LDL. The Commissioner requires the council to issue a fresh response under the FOIA that does not rely on section 12(1).
Section of Act/EIR & Finding: FOI 12 - Complaint Upheld