Information Commissioner's Office

Isle of Anglesey County Council

1 July 2015, Local government (County council)

The complainant requested various items of information in respect of two letters he had received from the Chairman of the Isle of Anglesey Council’s Standards Committee. The Council provided some information but refused the rest by virtue of section 36(2)(c), section 41 and section 42(1) of the FOIA. It also stated that it did not hold some of the information. The Commissioner’s decision is that the Isle of Anglesey County Council correctly withheld information in respect of section 41 and section 42(1) of the FOIA. However, it incorrectly withheld information on the basis of section 36(2)(c) of the FOIA. The Isle of Anglesey Council also incorrectly informed the complainant that it did not hold information in respect of items III and VII of his request. The Commissioner requires the public authority to issue a fresh response in respect of items III and VII of the request compliant with section 1(1) of the FOIA and provide the information it holds in respect of items II and V of the request. 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 36: Upheld FOI 41: Not upheld FOI 42: Not upheld