23 July 2014, Local government (City council)
The complainant requested information relating to text messages and emails between two specified individuals within a given timeframe. Stoke-on-Trent City Council (the Council) confirmed that it held some of the requested information – emails – but stated that it was exempt by virtue of section 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and to the free and frank exchange of views). It said that it did not hold the requested text messages. The Commissioner’s decision is that the Council correctly applied section 36 to the requested email information. He also considers that the Council stated correctly and in line with section 1(1)(a) of the FOIA that it did not hold the requested text message information. The Commissioner requires the public authority to take no steps following his decision.
FOI 1: Not upheld FOI 36: Not upheld