Information Commissioner's Office

Durham County Council

23 March 2015, Local government (County council)

The complainant has requested to know how many teachers were reported following and investigation by the council and the reasons why they were reported. The council initially responded by neither confirming nor denying holding the information. During the Commissioner’s investigation the council amended its response. It provided some information but refused the remaining under section 40(2) and 41 of the FOIA. The complainant asked the Commissioner to consider if the council was correct to refuse the information and whether any more was held. The Commissioner’s decision is that the council was correct to rely on section 40(2) of the FOIA to withhold the information, so did not go on to consider section 41 of the FOIA. The Commissioner also determined that the council held no other information with regards to the request. Lastly the Commissioner found that the council breached section 10(1) of the FOIA, as it did not provide its full response within the required timeframe of the FOIA. As a full response has now been provided, the Commissioner does not require the council to take any steps.

FOI 40: Partly upheld