Information Commissioner's Office

Winchester City Council

12 November 2015, Local government (City council)

The complainant made a series of freedom of information requests to Winchester City Council for information related to a contract to run a local Leisure Centre. The Council disclosed much of the requested information but also withheld and redacted some information under the section 43 (commercial interests) and section 40(2) exemptions. However the complainant did not challenge the application of section 40. The Council also said that some of the requested information was not held. The Commissioner’s decision is that section 43(2) is not engaged. The Commissioner did however agree with the Council’s position that some of the requested information was not held. The Commissioner requires the public authority to disclose to the complainant the information it has withheld under the section 43(2) exemption. The public authority must take these steps within 35 calendar days of the date of this Decision Notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court (or the Court of Session in Scotland) pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 40: Not upheld FOI 43: Upheld