Information Commissioner's Office

Kent County Council

13 October 2014, Local government (County council)

The complainant requested information relating to the award of contract to a company to provide Kent test examination papers for schools in the county. The council provided some information but withheld other information under sections 43(2) (commercial sensitivity) and section 41 (information provided in confidence). The Commissioner’s decision is that the council has correctly applied section 43(2) to the information falling within parts 1 of the request, subject to the information highlighted by the council as not being sensitive being disclosed. He has decided that council was correct to apply section 43(2) to the information in part 2 of the request. During the course of the Commissioner's investigation the council reconsidered the information it held as regards parts 4 & 5 of the request and has informed the Commissioner that it is willing to disclose the information it holds to the complainant. The Commissioner has also decided that on a balance of probabilities, no further information is held falling within the scope of part 3 of the complainant's request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the information falling within the scope of part 1 of the request which the Commissioner has indicated section 43 cannot apply to as outlined in paragraph 24 of this notice.

FOI 43: Partly upheld