Summary: The complainant requested minutes and reports considered at meetings of Prestatyn Town Council (-˜the Council-™) for a particular period of time. The Council initially refused the request under section 21 of the FOIA and also asked the complainant if she wished to refine her request. At the time of internal review, the Council stated it was relying on sections 12, 14 and 39 of the FOIA. During the course of the Commissioner-™s investigation, the Council withdrew reliance on sections 12, 14 and 39 and stated it was relying on sections 21 for some information and section 1(3)(a) and (b) for other information. The Council reviewed its stance again during the Commissioner-™s investigation and confirmed its final position was that it did not hold some of the requested information, and it considered other information exempt under sections 21, 22, 40, 41, 42 and 43 of the FOIA. The Commissioner-™s decision is that the Council does not hold some of the information requested, sections 21 and 40(2) apply to some of the requested information, and the exemptions at sections 22, 41, 42 and 43 are not engaged. The Commissioner requires the public authority to disclose documents 3 and 5.
Section of Act/EIR & Finding: FOI 1 - Complaint Not upheld, FOI 21 - Complaint Not upheld, FOI 22 - Complaint Upheld, FOI 40 - Complaint Not upheld, FOI 41 - Complaint Upheld, FOI 42 - Complaint Upheld, FOI 43 - Complaint Upheld