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You are here: BAILII >> Databases >> Information Commissioner's Office >> Medway Council (Decision Notice) [2013] UKICO FS50443860 (19 March 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50443860.html
Cite as: [2013] UKICO FS50443860
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Medway Council (Decision Notice) [2013] UKICO FS50443860 (19 March 2013)
Summary: The complainant has requested information including emails and a briefing note relating to the way Medway Council (the council) had handled the Medway Test which took place in September 2011. The council withheld the information relying on section 36(2)(b), section 40(2) and section 41 as it considered some information would inhibit the future provision of advice and exchange of views, some was third party personal data and it had been provided in confidence. During the course of the investigation, the council provided some additional information to the complainant but continued to withhold the remainder. The Commissioner-™s decision is that the council was correct to rely on section 36(2)(b) in respect of the majority of the withheld information, but with regard to the briefing note, the council incorrectly relied on section 36(2)(b), section 41 and section 40(2). Finally, the Commissioner has found that the council has breached section 10 of the FOIA as it did not comply with the request within the statutory time for compliance. The Commissioner requires the public authority to take disclose the briefing note.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 36 - Complaint Partly Upheld, FOI 40 - Complaint Not upheld, FOI 41 - Complaint Not upheld