Information Commissioner's Office

West Sussex County Council

16 February 2015, Local government (County council)

The complainant has requested information about communications between West Sussex County Council (‘WSCC’) and Steyning Parish Council. The Council disclosed some information and withheld the remainder. It said some information (items 1, 2, 3, 4 and 5) was exempt from disclosure under regulation 12(5)(f) (adversely affects a person’s interests). At internal review, WSSC said regulation 12(5)(b) (adversely affects the course of justice) could also be applied to this information.  During the Commissioner’s investigation, WSCC sought to rely on regulation 12(5)(d) (confidentiality of proceedings) as a basis to withhold these same elements of the requested information. WSCC also initially withheld the remainder of the requested information (items 6, 7, 8,  9, 10, 11, 12, 13, 14, 15, 16, 17 and 18) under regulation 12(5)(b).  At internal review WSCC said regulation 12(4)(e) (internal communications) could also be applied to this information. The Commissioner’s decision is that WSCC has correctly applied regulation 12(5)(d) to items 1, 2, 3, 4 and 5; and correctly applied regulation 12(5)(b) to items 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18. This decision notice is currently under appeal to the Tribunal.

EIR 12(5)(b): Not upheld EIR 12(5)(d): Not upheld