Summary: The complainant has requested from Wirral Borough Council (the council) the names and wards of the councillors who did and did not attend specific courses. The council refused to supply any of the information relying on section 40(2) of the FOIA. During the Commissioner-™s investigation the council provided the names and wards of some of the councillors after they gave their consent for the council to do so. The council maintained the exemption for the remaining councillors. The Commissioner-™s decision is that the council has correctly relied on section 40(2) of the FOIA to withhold the remaining information. The Commissioner also finds that the council has breached regulation 10(1) of the FOIA in not providing the councillor-™s information, who gave it consent to do so, within the required 20 working days from receipt of the request. As the council has correctly relied on section 40(2) of the FOIA and provided the consented information to the complainant, the Commissioner does not require any steps from the council.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld