Summary: complainant has requested a copy of a report considered by Essex County Council-™s (the council) Standards Committee in relation to the suspension of a named councillor, and the minutes of the decision. The council provided the complainant with access to the publically available minutes of the decision but with regard to the report it refused the request, relying on section 40(2) as the information was personal data and it would be unfair to disclose it. The council also stated that in the event that section 40(2) did not apply to any of the requested information, it considered that section 41 also applied. The Commissioner-™s decision is that the council has correctly applied section 40(2) to the outstanding withheld information. The Commissioner does not therefore require the council to take any steps in this case.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld