Summary: The complainant requested information in relation to the departure of a former Wirral Borough Council (the council) Chief Executive Officer. The council advised that it did not hold some of the requested information. It provided a link to some information already in the public domain and relied on section 40(2) of the FOIA not to provide the remainder. The council revisited the request again following the Commissioner-™s investigation and it provided a fresh response in which it confirmed that it did not hold some of the information it initially relied on section 40(2) of the FOIA to withhold. The council still maintained section 40(2) of the FOIA to parts of the information it did hold and provided 3 subsequent documents to the complainant. The Commissioner-™s decision is that the council has breached section 10 of the FOIA as it provided its response to the complainant outside of the required 20 working days following the receipt of the request. As the council has now provided a response to the request, the Commissioner requires no steps to be taken.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld