Information Commissioner's Office

Derbyshire County Council

2 October 2014, Local government (County council)

The complainant has requested information in relation to the departure of Derbyshire County Council’s (the council) Chief Executive. The council provided some information but refused the remainder under section 22, 40(2) and 42 of the FOIA. The Commissioner’s decision is that the council has correctly relied on section 40(2) and 42 of the FOIA to withhold the information it has under those exemptions, but has found that the information withheld under section 22 of the FOIA should be provided to the complainant. As the Commissioner has found that the information withheld under section 22 of the FOIA should have been provided to the complainant at the time of the request, the Commissioner has found that the council has breached section 10 of the FOIA, in not providing this information within the required 20 working days from the date of the request. The Commissioner requires the public authority to provide the complainant with the information that the council withheld under section 22 of the FOIA.

FOI 22: Upheld FOI 40: Not upheld