Information Commissioner's Office

Staffordshire County Council

29 April 2015, Local government (County council)

The complainant submitted a request to Staffordshire County Council (the Council) for the copies of the three highest scoring tenders received by the Council regarding a particular contract. The Council refused to disclose the tenders relying on section 43(2) (commercial interests) of FOIA. The Commissioner has concluded that whilst section 43(2) of FOIA applies to the entirety of one of the tenders in question, it can only be used to withhold parts of the other two tenders. The Commissioner has also concluded that the Council has breached sections 17(1) and 17(3) because of its delays in issuing a refusal notice and completing its public interest deliberations. The Commissioner requires the public authority provide the complainant with the parts of Affinity Trust’s tender which that organisation accepted were not commercially sensitive. Such information is identified in the letter sent by Affinity Trust to the Council dated 17 April 2014. Provide the complainant with the redacted version of company B’s  ‘T52 Supporting Business Plan’ as it was provided to the Council on 22 April 2014. 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.

FOI 17: Upheld FOI 43: Partly upheld