Information Commissioner's Office

Staffordshire County Council

7 October 2014, Local government (County council)

The complainant submitted a request for copies of three separate audit reports concerning the following business areas: ‘Contributions Policy for Adult Social Care’, ‘Data Protection’ and ‘Mental Health – Financial Management Arrangements’. The Council initially sought to rely on section 44 of FOIA to withhold this information. It subsequently argued that instead the ‘Mental Health – Financial Management Arrangements’ report was exempt from disclosure on the basis of sections 36, 38 and 43 of FOIA; that the ‘Contributions Policy for Adult Social Care’ report was exempt on the basis of sections 38 and 43; and that the ‘Data Protection’ report was exempt from disclosure on the basis of section 43. The Commissioner accepts that section 36 is engaged. However, he has concluded that the public interest favours disclosing the ‘Mental Health – Financial Management Arrangements’ audit report. He has also concluded that sections 38 and 43 do not provide a basis to withhold any of the three requested reports. Information Tribunal EA/2014/0277 withdrawn.

FOI 17: Upheld FOI 36: Not upheld