Information Commissioner's Office

Hackney London Borough Council

9 July 2015, Local government (Borough council)

The complainant has requested to know what pre-prepared media statements London Borough of Hackney (“the Council”) holds in the event that it is approached by the media for comment on particular matters.  The Council refused the request, citing sections 36(2)(b)(i), 36(2)(b)(ii) and 36(2)(c) (prejudice the effective conduct of public affairs) and section 14(1) (vexatious requests). The Commissioner’s decision is that the Council is not entitled to rely upon the exemptions at section 36(2) to withhold the information and that it has failed to demonstrate that the request is vexatious. The Commissioner requires the Council to disclose the requested information to the requester. 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 pursuant to section 54 of the Act and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.

FOI 14: Upheld FOI 36: Upheld