Information Commissioner's Office

Arts Council England

18 September 2014, Education (Other)

The complainant has requested ACE to disclose information relating to the export of the City of Adelaide. ACE responded releasing some information but refusing to disclose other information under sections 40 and 36 of the FOIA. During the Commissioner’s investigation the majority of the withheld information was released to the complainant. Only three emails remained and ACE confirmed that it now wished to rely on section 31(a) for two of the emails and section 41 of the FOIA for one email. ACE’s subsequent disclosure also meant that the complainant was willing to withdraw her complaint in relation to section 40 of the FOIA. The Commissioner has considered the three remaining emails and the application of sections 31(a) and 41 of the FOIA. The Commissioner has decided that section 31(a) of the FOIA applies to the two emails withheld under this exemption. However, the Commissioner has decided that section 41 does not apply to the remaining email. The Commissioner therefore requires ACE to take the following steps to ensure compliance with the legislation. ACE should disclose the email previously withheld under section 41 of the FOIA to the complainant. Information Tribunal appeal EA/2014/0237 dismissed

FOI 31: Not upheld FOI 36: Not upheld