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You are here: BAILII >> Databases >> Information Commissioner's Office >> Kirklees Metropolitan Council (Decision Notice) [2013] UKICO FS50448670 (12 February 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50448670.html
Cite as: [2013] UKICO FS50448670
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Kirklees Metropolitan Council (Decision Notice) [2013] UKICO FS50448670 (12 February 2013)
Summary: The complainant requested a full copy of the Shannon Matthews Serious Case Review, suitably redacted, from Kirklees Metropolitan Council (the -˜Council-™) together with associated copies of recorded communications between the Council and the Department for Education (-˜DfE-™) and/or Kirklees Safeguarding Children Board (-˜KSCB-™) on the issue of full publication of the report and communications regarding publication. The Council refused the request on the basis that it did not hold a copy of the report or recorded communications as outlined for the purposes of FOIA, but disclosed some correspondence during the investigation. The Information Commissioner (the -˜Commissioner-™) has investigated and has concluded that the Council was entitled to say that it did not hold a copy of the requested report. It correctly withheld a letter and related emails on the basis of the exemption contained in section 40(2) (personal information) of FOIA. The Commissioner does not accept that communications between the Council and the KSCB are not held by the Council. He requires the public authority to conduct searches for any communications between it and the KSCB on the issue of full publication since the government decision to publish in full in June 2010 and either disclose these communications to the complainant or issue a valid refusal notice.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 40 - Complaint Not upheld