21 October 2014, Local government (County council)
The complainant has requested from Durham County Council (the “Council”) any other reports relating to the Broom Cottages Pupil Referral Unit (the “PRU”) investigation. The Council provided some information to the complainant in a redacted format. Information was withheld under section 40(2) and section 41 of the FOIA. The Commissioner’s decision is that the Council has correctly applied section 40(2) of the FOIA to the withheld information. As section 40(2) of the FOIA applies to the entirety of the withheld information, the Commissioner has not gone on to consider the Council’s application of section 41 of the FOIA. However, the Commissioner considers that the Council failed to meet the requirements of section 10 of the FOIA, as it disclosed some of the requested information outside the statutory time limits for compliance with requests. The Commissioner does not require the Council to take any steps.
FOI 10: Upheld FOI 40: Not upheld